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Regaining F-1 Status.note

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Regaining F-1 Status

Contents

Regaining F-1 Status

You are maintaining lawful status if you are making normal progress toward completing a

course of study and complying with the immigration regulations outlined below. For more

information on the benefits and restrictions of your F-1 student status, your primary

adviser in International Student Services.

Immigration Regulations

If you fail to maintain status, you are ineligible for any of the benefits of F-1 status (for example,

employment authorization). There are two ways to regain status: apply for reinstatement or

depart the U.S. and seek a new admission to the U.S. in F-1 status.

The process to regain valid F-1 status can be challenging. We want to discuss your

options with you. We also encourage you to contact an immigration attorney so you can

make an informed decision and consider the risks with both options.

Regaining F-1 Status

Option 1: Reinstatement

Option 2: Travel and Reentry

Frequently Asked Questions

contact

Pursue a “full course of study” at the school listed on your current Form I-20. A full course of

study is 12 or more credits per quarter for undergraduate students, and 10 or more credits

per quarter for graduate students. Exceptions to the full-time requirement must be

authorized in advance by your ISS adviser.

Complete your studies before the program completion date listed in item 5 of your I-20.

Keep your I-20 valid by following proper procedures for a program extension, change in

educational level or field of study, and transfer of schools.

Remain in the U.S. for no longer than 60 days after completing your current program of

study or after completing an authorized period of practical training.

Keep your passport valid at all times unless you are exempt from the passport requirement.

Accept no employment except that which is authorized in accordance with the immigration

regulations.

Report any change of address to immigration within 10 days of the change. Local address

updates made on MyUW will be automatically sent to immigration through the SEVIS

system unless you have graduated and are authorized for OPT. To change your permanent

address, review the instructions for .permanent address updates

Option 1: Reinstatement

When requesting reinstatement, you must establish to the satisfaction of United States

Citizenship and Immigration Services (USCIS) that you:

You must also establish that:

If USCIS approves the reinstatement request, the adjudicating officer will endorse your I-20 to

indicate that you have been reinstated and will return the I-20 to you. If USCIS does not

approve the reinstatement request, you may not appeal the decision and need to prepare to

leave the U.S. immediately.

Reinstatement Application Procedure

Allow 7-10 business days for ISS processing. ISS will create a new I-20 for your reinstatement

application. You will receive an email from ISS when your I-20 is ready for pick up.

Have not been out of status more than 5 months at the time of filing the request for

reinstatement (or demonstrate that the failure to file within the 5-month period was the result

of exceptional circumstances and that you filed for reinstatement as soon as possible under

these circumstances).

Do not have a record of repeated or willful violations of immigration regulations.

Are currently pursuing, or intending to pursue, a full course of study in the immediate future

at the school which issued the Form I-20.

Have not engaged in unauthorized employment.

Are not deportable on any ground other than overstaying or failing to maintain status.

The violation of status resulted from circumstances beyond your control. Such

circumstances might include serious injury or illness, a natural disaster, or inadvertence,

oversight, or neglect on the part of your ISS adviser, but do not include instances where a

pattern of repeated violations or a willful failure on your part resulted in the need for

reinstatement.or

The violation relates to a reduction in your course load that would have been within the

international student adviser’s authority to authorize, and that failure to approve

reinstatement would result in extreme hardship to you.

with your assigned International Student Services (ISS) adviser

to discuss your options to regain F-1 status. At the appointment the ISS adviser will review

your eligibility for F-1 reinstatement and will discuss the application process.

Schedule an appointment

Submit the online I-20 request to ISS. You will be asked to upload scans/photos of financial

documentation.

REQUEST I-20 TO REGAIN F-1 STATUS

1.

2.

Mail the following documents to the USCIS Lockbox.

Keep a copy of your entire application for your records. If you choose the paper application

option, it is recommended that you send your application by certified mail, return receipt

requested.

Mailing Address

USCIS

P.O. Box 660166

Dallas, TX 75266

Option 2: Travel and Reentry

Prepare your reinstatment application following the list of documents below. Submit your

reinstatement application to USCIS by mail. (The online application option is

no longer available).

USCIS ELIS

(write “REINSTATEMENT” at the top of the form)Form I-539

Check or money order made payable to “U.S. Department of Homeland Security” for

USCIS filing fee

Photocopies of all previously-issued I-20s

Original I-94 (the white card stapled inside your passport) or I-94 printout obtained at

https://

i94.cbp.dhs.gov/I94/

Photocopy of new Reinstatement I-20 signed by ISS adviser

Evidence of source and amount of financial support

A letter requesting reinstatement to F-1 student status which explains your situation and

truthfully states that failure to maintain status was due to any or all of the reasons listed

above

Supporting documentation (for example, a letter of support from a faculty adviser familiar

with the circumstances of your case)

Current transcript and transcripts from other U.S. schools previously attended

Photocopy of passport identification and visa pages; do not send your passport

Completed (optional; it signs you up for email/text message notification of

your application’s arrival at USCIS)

G-1145 Form

3.

In some cases it may be advisable to depart the U.S. and re-enter with a new I-20, rather than

applying for reinstatement. You may do this by obtaining a new I-20 from the school you are

currently attending or wish to attend, then departing the U.S., applying for a new if the

F-1 visa stamp in your passport has expired, and returning to the U.S. Note that students who

violated status are not eligible for . A re-entry to the U.S. after a

status violation is viewed by Immigration as “initial attendance” in F-1 status. As such, you are

bound by restrictions placed on new students, such as the academic year waiting period for

eligibility for practical training.

To request a new I-20 for travel and reentry:

Allow 7-10 business days for ISS processing. ISS will create a new I-20 for your reinstatement

application. You will receive an email from ISS when your I-20 is ready for pick up.

Frequently Asked Questions

What is the major difference between the two options?

Students who are reinstated continue in their previous F-1 status. Students who choose travel

and reentry are considered initial status students. This is most important when considering

eligibility for or . Students who reenter

using a new I-20 will be required to complete one academic year before becoming eligible to

apply for off-campus employment.

What are the costs associated with each option?

Reinstatement in the U.S: USCIS charges an I-539 .

Travel and reentry: There is the $200 , plus any expenses incurred for travel and visa

applications.

Which option is the least risky?

Each option has its risks. If your application for reinstatement is denied, you will be required to

depart the U.S. immediately. If you are denied re-entry at the border, you may be required to

return home immediately from the port of entry.

F-1 visa

automatic visa revalidation

with your assigned International Student Services (ISS) adviser

to discuss your options to regain F-1 status. At the appointment the ISS adviser will review

your situation and discuss the travel & reentry process in detail.

Schedule an appointment

Submit the online I-20 request to ISS. You will be asked to upload scans/photos of financial

documentation.

REQUEST I-20 TO REGAIN F-1 STATUS

ISS will create a new I-20 for your travel & reentry. Allow 7-10 business days for I-20

processing.

Optional Practical Training Curricular Practical Training

application fee

SEVIS fee

1.

2.

3.

May I continue to study while my application for reinstatement is

pending?

Yes, you must continue to study in order to maintain your F-1 status.

May I continue to work on-campus while my application for

reinstatement is pending?

No. Once it is determined that you have violated your student status, you must stop working

immediately.

How long will the reinstatement process take?

Reinstatement applications take approximately three to four months to process.

Can I reenter from Canada or must I return to and reenter from

my home country?

Reentry from Canada is fine; however, you must already have a valid visa to enter Canada, if

needed. The will not issue an entry visa to students with “initial

attendance” I-20s. For more information, contact your ISS adviser.

Canadian Consulate